← Library
Patna High CourtCR. MISC./22834/2016bail granted

Ramjatan Sah v. The State Of Bihar

2016-08-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22834 of 2016 Arising Out of PS.Case No. -152 Year- 2012 Thana -SAUR BAZAR District- SAHARSA ====================================================== Ramjatan Sah, Son of Late Asharfi Sah, Resident of Village - Kachara, P.S. Sour Bazar, District - Saharsa .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Ashok Kumar, Advocate. For the Opposite Party : Mr. Ashok Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-08-2016 Heard both sides.

The petitioner apprehends his arrest in Sour Bazar P. S. Case No. 152 of 2012 under Sections 406, 420, 467 and 468 of the Indian Penal Code.

The informant alleged that the accused persons demanded extortion and also got executed a forged and fabricated sale deed with regard to his land.

It is submitted that the petitioner is not named in the F.I.R. There is no allegation against the petitioner. The petitioner happens to be husband of Mala Devi (accused no.1), that is why, he has been falsely implicated in the present case. There is a land dispute between Dharamvir Sah, his brother and Mala Devi, who happens to be the daughter of Mishri Sah. Bhumi Sah and Mishri

Patna High Court Cr.Misc. No.22834 of 2016 (3) dt.02-08-2016 2/2 Sah are sons of Wakil Sah. Mala Devi is entitled to get share in the land of her father, but the informant tried to deprive Mala Devi of her share. Similarly situated co-accused persons have already been granted anticipatory bail vide Criminal Misc. Nos. 6202 of 2016 and 37589 of 2014.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in Saur Bazar P. S. Case No. 152 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) Mishra/- U T